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Result

Date of keys, statements of places, deductions and deadlines are combined in a calculation.

To be done today

  1. Set the key handout
  2. Compare site records
  3. Send new address/RIB

Check the result

  • Applicable time limit identified
  • Deductions justified
  • Ready-to-delay
In brief
Section actions
Duration: Return to 1 or 2 months after keys; more in case of litigation
Cost: Claims and conciliation generally free of charge; possible legal costs
On-site only

Who this guide is for

Section actions
  • Renters leaving housing and claiming full restitution
  • Persons receiving incomprehensible counts or unjustified deductions
  • Renters and donors wishing a documented balance

To be prepared in advance

Section actions
  • Lease and proof of deposit
  • Status of places of entry and exit, photographs and possible old age grid
  • Proof of delivery of all keys and new address
  • Earnings, expense counts, estimates, invoices and exchanges
  • RIB and calculation of amount claimed

Step-by-step procedure

Section actions
  1. 1Before departure, compare the accommodation to the condition of the place of entry and make only the rental repairs that are your responsibility. Normal wear and tear is not a degradation.
  2. 2Make the status of the exit site, keep the signed copy and prove the date of delivery of all the keys. Communicate the new address and the RIB; the deadline starts from the delivery.
  3. 3Check the delay: one month if the site records are compliant, two months if differences can justify withholding. In co-ownership, a limited share may be provisionally retained until charges have been settled.
  4. 4Ask for details of the deductions. Rents, charges and reparations must correspond to a debt or difference found and be justified; old age must be taken into account.
  5. 5In case of an incorrect amount or delay, send a registered notice with AR: dates, filing, key delivery, calculation, challenge and payment deadline. Attach copies.
  6. 6The balance due shall be increased by 10 % of the monthly rent excluding expenses per month of delay started, subject to legal exceptions, in particular the absence of communication of the new address.
  7. 7If the dispute persists, refer the matter to the Departmental Conciliation Commission or a conciliator, and then to the Protection Litigation Judge according to the procedure. Do not replace the last rent with the deposit.

Main limits of the security deposit

Section actions

Scroll the table horizontally to display all columns.

LeaseMaximum entranceStandard time limit for refund
Empty rental1 month rent excluding expenses1 months if records are consistent; if not up to 2 months
Traditional Furnace2 month rent excluding expenses1 months if records are consistent; if not up to 2 months
Mobility leaseProhibited security depositNot applicable

Common mistakes

Section actions
  • Do not prove date of delivery of all keys
  • Forget to give the new address
  • Accept a package without proof or connection to the condition of the property
  • Paying for normal old age as a degradation
  • Do not pay the last rent by compensating it with the deposit

Official sources

Section actions
Show sources in this section

Useful links

Section actions

Important remark

The retention depends on the lease, the physical records, the proofs, the old age and the charges. Check the time and court procedure according to the amount and date of the dispute.

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